By this time James Short had completely recovered his nerve, and was, indeed, almost oblivious of the fact that there was anybody present in the court, except the learned Judge and himself. Going back to the beginning, he detailed the early history of the relationship between Eustace Meeson and his uncle, the publisher, with which this record has nothing to do. Thence he passed to the history of Augusta’s relation with the firm of Meeson and Co., which, as nearly everybody in the court, not excepting the Judge, had read “Jemima’s Vow,” was very interesting to his auditors. Then he went on to the scene between Augusta and the publisher, and detailed how Eustace had interfered, which interference had led to a violent quarrel, resulting in the young man’s disinheritance. Passing on, he detailed how the publisher and the published had taken passage in the same vessel, and the tragic occurrences which followed down to Augusta’s final rescue and arrival in England, and finally ended his spirited opening by appealing to the Court not to allow its mind to be influenced by the fact that since these events the two chief actors had become engaged to be married, which struck him, he said, as a very fitting climax to so romantic a story.
At last he ceased, and amidst a little buzz of applause, for the speech had really been a very fine one, sat down. As he did so he glanced at the clock. He had been on his legs for nearly two hours, and yet it seemed to him but a very little while. In another moment he was up again and had called his first witness—Eustace Meeson.
Eustace’s evidence was of a rather formal order, and was necessarily limited to an account of the relations between his uncle and himself, and between himself and Augusta. Such as it was, however, he gave it very well, and with a complete openness that appeared to produce a favorable impression on the Court.
Then Fiddlestick, Q.C., rose to cross-examine, devoting his efforts to trying to make Eustace admit that his behaviour had been of a nature to amply justify his uncle’s behaviour. But there was not very much to be made out of it. Eustace detailed all that had passed freely enough, and it simply amounted to the fact that there had been angry words between the two as regards the treatment that Augusta had met with at the hands of the firm. In short, Fiddlestick could not do anything with him, and, after ten minutes of it, sat down without having advanced the case to any appreciable extent. Then several of the other counsel asked a question or two apiece, after which Eustace was told to stand down, and Lady Holmhurst was called. Lady Holmhurst’s evidence was very short, merely amounting to the fact that she had seen Augusta’s shoulders on board the Kangaroo, and that there was not then a sign of tattoo marks upon them, and when she saw them again in London they were tattooed. No attempt was made to cross-examine her, and on the termination of her evidence, the Court adjourned for lunch. When it reassembled James Short called Augusta, and a murmur of expectation arose from the densely crowded audience, as—feeling very sick at heart, and looking more beautiful than ever—she stepped towards the box.
As she did so the Attorney-General rose.
“I must object, my Lord,” he said, “on behalf of the defendants, to this witness being allowed to enter the box.”
“Upon what grounds, Mr. Attorney?” said his Lordship.
“Upon the ground that her mouth is, ipso facto, closed. If we are to believe the plaintiff’s story, this young lady is herself the will of Jonathan Meeson, and, being so, is certainly, I submit, not competent to give evidence. There is no precedent for a document giving evidence, and I presume that the witness must be looked upon as a document.”
“But, Mr. Attorney,” said the Judge, “a document is evidence, and evidence of the best sort.”
“Undoubtedly, my Lord; and we have no objection to the document being exhibited for the court to draw its own conclusion from, but we deny that it is entitled to speak in its own explanation. A document is a thing which speaks by its written characters. It cannot take to itself a tongue, and speak by word of mouth also; and, in support of this, I may call your Lordship’s attention to the general principles of law governing the interpretation of written documents.”